What is the Valenzuela Settlement?

A lawsuit (Valenzuela v. O’Connell et all) was filed in February 2006 challenging the California High School Exit Examination (CAHSEE). The lawsuit was settled pending enactment of AB-347. AB-347 was signed into law on October 12, 2007 and expands the services available to students who have not yet passed the CAHSEE for up to two consecutive years after completion of grade twelve. Students currently covered under the terms of AB-347 attended the twelfth grade in the 2006 and 2007 school years. School Districts and Charter Schools serving students in grades 10-12 that received funding from the Intensive Service and Instruction and the Middle and High School Counseling programs are affected by this settlement.

School Districts and Charter Schools that receive intensive instruction funds must now ensure that all pupils who have not passed one or both parts of the CAHSEE by the end of grade twelve have the opportunity to receive intensive instruction and services as needed based on the results of a diagnostic assessment and prior results on the high school exit examination, for up to two consecutive academic years after the completion of grade twelve or until the pupil has passed both parts of the CAHSEE, whichever comes first.

AB-347 also includes an oversight component that requires the local County Office of Education to review and verify that each affected School District and Charter School is complying with the provisions of the settlement.

More information about the Valenzuela Settlement can be found on the California Department of Education’s webpage at:

http://www.cde.ca.gov/nr/ne/yr07/yr07rel100.asp